마약류관리에관한법률위반(향정)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
Although the Defendant is not a person handling narcotics, the Defendant did not deal with the psychotropic drug clocks (one philophone, hereinafter referred to as the “philophones”), it received and administered the clickphones as follows.
On August 3, 2016, at around 21:00, the Defendant d'C' hotel rooms located in Gwanak-gu in Seoul Special Metropolitan City, d, 0.2 gramopon from D, which is 0.2 gramopon which is flick-phone smoking machine and paper, and flick-phone 0.2 gramoponed in the above smoking machine, flick-phone 0.2 gramoponed in the above smoking machine, and flicked with E and flick.
Accordingly, the Defendant received and administered philophones.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol of E or D;
1. Protocols of seizure, list of seizure and requests for appraisal;
1. D judgment (Incheon District Court Decision 2016 High Court Decision 5265);
1. Report on investigation (calculated additionally), application of Acts and subordinate statutes on cancer transaction prices of narcotics;
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of the recommended sentence according to the sentencing guidelines: Class 1 crime [the scope of the recommended sentence] and the scope of the final sentence due to the purchase for medication, simple possession, etc. or the increase of the acceptance and acceptance and delivery and delivery and the scope of the mitigated sentence (8 to 16 months), Type 2 (the scope of the recommendation and delivery) (the scope of the recommendation and the number of persons falling under items (b), (c) and (c)), the basic area (10 to 2 years) of types 3 (10 months), the basic area (10 to 2 years) of the sentencing guidelines) [the scope of the recommendation and the number of persons falling under items (b), (b) and (c) of the said items] of types;
2. The decision of sentence is summary; and